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The population in America is aging. Of the 281 million Americans, 27% are 50 and older. The courts are seeing more and more assaults, neglect, financial abuse of older people and situations where older Americans can no longer care for themselves.

The Court also sees many adults who have physical or developmental disabilities or failing physical or mental abilities caused by age. Their conditions often make it hard for them to do normal activities or to protect their rights. These people are called dependent adults.

In general terms, it is when someone mistreats an elderly person or a dependent adult, whether or not that person is at home or in an institution. In California, elder or dependent adult abuse is a crime. Someone who abuses an elderly person or dependent adult can go to prison or jail and be fined. (Welfare and Institutions Code 15656) The most common kinds of elder or dependent adult abuse are:

Physical

Causing pain or injury, using unreasonable physical restraints, or not allowing the person enough food or water.

Psychological

Causing mental pain, like humiliating, intimidating or threatening.

Sexual

Sexual assault, rape

Financial

Using an elderly or dependent person’s money or property illegally or improperly without their consent for someone else's benefit

Abandonment

When someone deserts an elderly person or dependent adult they are caring for.

Neglect

When a caregiver does not take reasonable care of the elderly or dependent adult they are supposed to.

Abduction

Taking an elderly or dependent adult out of the state if that person does not have the capacity to give consent to the move.

Anyone who cares for an elderly person, whether at home or in an institution

Employees of any social service agency

Health Practitioners

Law Enforcement

The identity of the person reporting the abuse is always kept confidential.

What is FAST?

In the Santa Clara Valley where homes sell quickly and for extraordinary prices, the Department of Aging and Adult Services has formed a team (Financial Abuse Specialist Team – FAST) to respond quickly to instances of financial abuse.

FAST teams are made up of people from the Public Guardian's Office, APS, District Attorney's Office, County Counsel's Office and local law enforcement.

To contact FAST, call: 408-928-3860, or 800-414-2002 (toll free)

How a Restraining Order can help protect you against elder or dependent adult abuse